McDonald’s, Others to Fight NLRB Determination on Franchisees

6 comments:

Anonymous
said...

MCD likely will prevail on the strict definition of a "joint employer". However, in practice they will have a hard time explaining how their heavy hand in store operations and reinvestments is not, as a factual matter, a joint employer. Their micro managing of operator relationships with store employee's, banks, vendors is clearly different from anything in the retail sector. This is a serious matter and MCD is keeping it under wraps. They are worried and they should be but bottom line is that have created this issue by being so controlling. The operators have some skin to give as well because they have allowed it.

You are correct in that MCD is "a long way from actually...." However, the concept of joint employer is broader, in my opinion. Everything they impose on the operators that is not spelled out in the licence agreement impacts employee's and others. Your statement is absolutely correct and the NLRB understands it as well. However, the joint employer definition is not that narrow, IMO. If it were MCD would have resolved this. Believe me they are worried.

Ironic that mcd executives helped get obama elected in '08 and get reelected in '12 and now his union thugs are trying to destroy mcdonald's. And if they succeed the o/os will pay the price and the mcdonald's executives will retire as mufti-millionaires.